MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Education

By: Senator(s) Thames

AN ACT TO AMEND SECTION 37-9-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SCHOOL BOARD OF ANY SCHOOL DISTRICT TO DESIGNATE A PERSONNEL SUPERVISOR OR ANOTHER PRINCIPAL EMPLOYED BY THE SCHOOL DISTRICT TO MAKE OR ACCEPT RECOMMENDATIONS FOR THE EMPLOYMENT OF NONINSTRUCTIONAL EMPLOYEES AND TO TRANSMIT APPROVED RECOMMENDATIONS TO THE BOARD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-9-17, Mississippi Code of 1972, is amended as follows:

37-9-17. On or before April 1 of each year, the principal of each school shall recommend to the superintendent of the school district the licensed employees or noninstructional employees to be employed for the school involved except those licensed employees or noninstructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the superintendent, the superintendent shall recommend the employment of such licensed employees or noninstructional employees to the school board, and, unless good reason to the contrary exists, the board shall elect the employees so recommended. If, for any reason, the school board shall decline to elect any employee so recommended, additional recommendations for the places to be filled shall be made by the principal to the superintendent and then by the superintendent to the school board as provided above. The school board of any school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to recommend to the superintendent licensed employees or noninstructional employees; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the school district. Any noninstructional employee employed upon the recommendation of a personnel supervisor or another principal employed by the school district must have been employed by the school district at the time the superintendent was elected or appointed to office; a noninstructional employee employed under this authorization may not be paid compensation in excess of the statewide average compensation for such noninstructional position with comparable experience, as established by the State Department of Education. The school board of any school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to accept the recommendations of principals or their designees for licensed employees or noninstructional employees and to transmit approved recommendations to the board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the school district.

When the licensed employees have been elected as provided in the preceding paragraph, the superintendent of the district shall enter into a contract with such persons in the manner provided in this chapter.

If, at the commencement of the scholastic year, any licensed employee shall present to the superintendent a license of a higher grade than that specified in such individual's contract, such individual may, if funds are available from minimum education program funds of the district, or from district funds, be paid from such funds the amount to which such higher grade license would have entitled the individual, had the license been held at the time the contract was executed.

SECTION 2. This act shall take effect and be in force from and after its passage.